Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Criminal Prosecutions

Dáil Éireann Debate, Wednesday - 6 June 2012

Wednesday, 6 June 2012

Ceisteanna (681)

Dara Calleary

Ceist:

685 Deputy Dara Calleary asked the Minister for Justice and Equality the estimated number of cases affected by the Supreme Court in its judgment in the case of Ali Charaf Damache v. the Director of Public Prosecutions, Ireland and the Attorney General; and if he will make a statement on the matter. [26835/12]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that neither I nor my Department are involved in the prosecution of cases.

Following the judgment by the Supreme Court in the case of Ali Charaf Damachev. the Director of Public Prosecutions, Ireland and the Attorney General, there has been extensive contact between An Garda Síochána and the Office of the Director of Public Prosecutions.

An examination of cases that might be affected by the above judgement is ongoing at present. In cases where prosecutions are being considered it will be a matter for the DPP to decide whether to proceed or not. Where convictions have already occurred, it will be a matter for the Courts, in the event of a challenge to such convictions, to consider whether they should still stand. In those circumstances the Deputy will appreciate that it would not be possible or appropriate at this stage to give a reliable estimate of the number of cases that will ultimately be affected by this judgment.

The Deputy will also be aware that the Government approved my proposals for a Bill on 27 March, 2012. The Bill will replace Section 29 of the Offences against the State Act 1939 with a search warrant provision which takes account of the Supreme Court judgement. The Bill will be published shortly and it is planned to have it enacted before the Summer recess.

Barr
Roinn